November 28, 2001
Creation of The President's Council on
Bioethics
By the authority vested in me as President by the
Constitution and the laws of the United States of America, it is
hereby ordered as follows:
Section 1.
Establishment. There is established the President's
Council on Bioethics (the "Council").
Section 2. Mission.
a. The Council shall advise the President on
bioethical issues that may emerge as a consequence of advances in
biomedical science and technology. In connection with its advisory
role, the mission of the Council includes the following functions:
1. to undertake fundamental inquiry into the human and moral
significance of developments in biomedical and behavioral science
and technology;
2. to explore specific ethical and policy
questions related to these developments;
3. to provide a forum
for a national discussion of bioethical issues;
4. to facilitate
a greater understanding of bioethical issues; and
5. to explore
possibilities for useful international collaboration on bioethical
issues.
b. In support of its mission, the Council may study
ethical issues connected with specific technological activities,
such as embryo and stem cell research, assisted reproduction,
cloning, uses of knowledge and techniques derived from human
genetics or the neurosciences, and end of life issues. The Council
may also study broader ethical and social issues not tied to a
specific technology, such as questions regarding the protection of
human subjects in research, the appropriate uses of biomedical
technologies, the moral implications of biomedical technologies, and
the consequences of limiting scientific research.
c. The
Council shall strive to develop a deep and comprehensive
understanding of the issues that it considers. In pursuit of this
goal, the Council shall be guided by the need to articulate fully
the complex and often competing moral positions on any given issue,
rather than by an overriding concern to find consensus. The Council
may therefore choose to proceed by offering a variety of views on a
particular issue, rather than attempt to reach a single consensus
position.
d. The Council shall not be responsible for the
review and approval of specific projects or for devising and
overseeing regulations for specific government agencies.
e.
In support of its mission, the Council may accept suggestions of
issues for consideration from the heads of other Government agencies
and other sources, as it deems appropriate.
f. In
establishing priorities for its activities, the Council shall
consider the urgency and gravity of the particular issue; the need
for policy guidance and public education on the particular issue;
the connection of the bioethical issue to the goal of Federal
advancement of science and technology; and the existence of another
entity available to deliberate appropriately on the bioethical
issue.
Section 3.
Membership.
a. The Council shall be composed of not more than 18 members
appointed by the President from among individuals who are not
officers or employees of the Federal Government. The Council shall
include members drawn from the fields of science and medicine, law
and government, philosophy and theology, and other areas of the
humanities and social sciences.
b. The President shall
designate a member of the Council to serve as Chairperson.
c. The term of office of a member shall be 2 years, and
members shall be eligible for reappointment. Members may continue to
serve after the expiration of their terms until the President
appoints a successor. A member appointed to fill a vacancy shall
serve only for the unexpired term of such vacancy.
Section 4.
Administration.
a. Upon the request of the Chairperson, the heads of
executive departments and agencies shall, to the extent permitted by
law, provide the Council with information it needs for purposes of
carrying out its functions.
b. The Council may conduct
inquiries, hold hearings, and establish subcommittees, as necessary.
c. The Council is authorized to conduct analyses and develop
reports or other materials.
d. Members of the Council may be
compensated to the extent permitted by Federal law for their work on
the Council. Members may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by law for persons
serving intermittently in Government service (5 U.S.C. 5701-5707),
to the extent funds are available.
e. To the extent
permitted by law, and subject to the availability of appropriations,
the Department of Health and Human Services shall provide the
Council with administrative support and with such funds as may be
necessary for the performance of the Council's functions.
f.
The Council shall have a staff headed by an Executive Director, who
shall be appointed by the Secretary of Health and Human Services in
consultation with the Chairperson. To the extent permitted by law,
office space, analytical support, and additional staff support for
the Council shall be provided by the Department of Health and Human
Services or other executive branch departments and agencies as
directed by the President.
Section 5. General
Provisions.
a. Insofar as
the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may
apply to the Council, any functions of the President under that Act,
except that of reporting to the Congress, shall be performed by the
Secretary of Health and Human Services in accordance with the
guidelines that have been issued by the Administrator of General
Services.
b. The Council shall terminate 2 years from the
date of this order unless extended by the President prior to that
date.
c. This order is intended only to improve the internal
management of the executive branch and it is not intended to create
any right, benefit, trust, or responsibility, substantive or
procedural, enforceable at law or equity by a party against the
United States, its agencies, its officers, or any person.
George W. Bush
The White House, November 28, 2001.
Federal Register date: November 30, 2001.
Federal Register
page: 66 FR 59851.